By Andrew H. Perellis and Craig B. Simonsen

EPA published today a Significant New Use Rule (SNUR) for Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy) (Pentane SNUR) under the Toxic Substances Control Act (TSCA), 15 U.S. Code Chapter 53.

The rule was adopted in response to the pre-manufacture notice PMN P–07–204, for the chemical identified as CAS No. 870778–34–0. Potentially affected entities under the SNUR may include chemical manufacturing and petroleum refinery industries (NAICS codes 325 and 324110), and chemical importers.

The SNUR designates that where there is a potential for dermal exposure during any manufacturing, use, or processing of the chemical the use of impervious gloves is required. Recordkeeping requirements as specified in 40 CFR 721.125 (a) through (e), and (i) are applicable to manufacturers and processors of this substance.

Note importantly that “any person who began commercial manufacture or processing of the chemical substance identified as [Pentane SNUR] for any of the significant new uses designated in the proposed SNUR after the date of publication of the proposed SNUR [78 Fed. Reg. 4806 (January 23, 2013)], must stop that activity before the effective date of the final rule.” Under the SNUR persons who ceased those activities will have to first comply with all applicable SNUR notification requirements and wait until the notice review period, including any extensions, expires, before engaging in any activities designated as significant new uses. Once a person meets the conditions of advance compliance under 40 CFR 721.45(h), the person “would be considered to have met the requirements of the final SNUR for those activities.”

The final rule, codified as 40 CFR section 721.10509, is effective April 6, 2015.